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18 Dec 2017, 3:24 am
"The Board found, based on the third-party uses together with other deficiencies in Honda's evidence, that Kohler had established a prima facie case that the applied-for mark does not serve as a source identifier.Honda's sales and advertising figures, although very substantial, are not probative of purchaser recognition. [read post]
27 Dec 2021, 4:44 am
., 978 F.2d 947, 24 USPQ2d 1001, 1010 & n.12 (7th Cir. 1992)) The Board noted that Petitioner did not expressly pleaded reverse confusion, but it "'does not have to be specifically pleaded so long as the plaintiff asserts that the respective marks are so similar as applied to the respective goods or services as to be likely to cause confusion.'" Top Tobacco, 101 USPQ2d at 1175 n.18 (quoting Am. [read post]
23 Aug 2011, 2:46 pm by Lawrence B. Ebert
Of note: Much to the contrary, “a patent does have value beyond its expiration date.” [read post]
5 Sep 2008, 8:50 am
§ 303(a) (2002) (emphasis added).Important points-->The statute does not define what constitutes a "substantial new question of patentability. [read post]
14 Feb 2011, 10:29 am by Mark Terry
This type of language, however, does not always belong in claim language and is risky (see above). [read post]
25 Apr 2017, 7:13 am by Dennis Crouch
Running with that argument, Shore raises the following three questions: Does the Federal Circuit’s affirmance without opinion of the PTO’s rejection of Petitioner’s patent application violate 35 U.S.C. [read post]
25 Sep 2012, 9:06 am
However, even as of today, this Arbitration Award does not appear on Ms. [read post]
2 Mar 2016, 6:49 am by Docket Navigator
Ct. 2347 (2014)] analysis because a field of use limitation does not make an idea non-abstract. [read post]
28 May 2012, 10:25 am by Charles Bieneman
Software claims directed to a client-server system were held invalid as obvious under 35 U.S.C. [read post]
31 Aug 2017, 8:01 am
According to defendant, he showed good cause because Juror No. 35's account suggested that Juror No. 35 could produce evidence of juror misconduct. [read post]
15 Apr 2009, 4:05 pm by profjacobs
The Special Court does not have a UN funded budget like the ICTR and the ICTY, rather contributions are voluntary, and with so much else going on in the world, the flow of contributions had diminished. [read post]
20 Dec 2010, 6:55 am by The Docket Navigator
In granting plaintiff's motion for summary judgment on defendants' false marking counterclaim, the court determined that plaintiff's warranty cards contained within its product packaging were not "used in advertising" as contemplated by 35 U.S.C. [read post]
24 Sep 2010, 1:06 pm by Stephen Albainy-Jenei
MPEP § 2144 discusses supporting a rejection under 35 U.S.C. 103 by reliance on scientific theory and legal precedent. [read post]
28 Jan 2008, 2:56 pm
In a second decision Friday, the Federal Circuit affirmed a district court's finding of 35 U.S.C. [read post]
18 Jan 2018, 7:22 am by Docket Navigator
However, the Court does not agree that a method for performing soil sampling is necessarily abstract. . . . [read post]